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HomeMy WebLinkAbout2026-076CONCESSION AGREEMENT INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE BETWEEN FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION amm INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS FWC Agreement No. 25287 This Concession Agreement, hereinafter "Agreement," is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereinafter "Commission" or "FWC," and the Indian River County Board of County Commissioners, whose address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter "Concessionaire," collectively, "Parties". WITNESSETH. Whereas the Commission is authorized by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, owner of real property located at 10455 102nd Terrace, Vero Beach FL 32967, as described within Exhibit A, wishes to continue, under this Agreement between the Indian River County Board of County Commissioners and the Florida Fish and Wildlife Conservation Commission for the Indian River Public Shooting Range, hereinafter "Range," located at the above address and expressly limited to the present range area which includes rifle, pistol, shotgun, air gun, sporting clays, archery and associated impact area, office building, storage shed, and multi -use classroom all in Indian River County, Florida, to support Hunter Education training programs and recreational firearms shooting opportunities for the general public. Now, therefore, the full execution of this Agreement and the provisions of the Concessionaire's Operational Plan, attached hereto as Exhibit B, is mutually agreed upon. Changes, modifications, approvals, and amendment requests referenced herein shall be delivered to the Commission contact listed at Section 4 below. Section 1. TERM OF THE AGREEMENT. It is understood and agreed that the relation established by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be effective on the date of execution by both parties and shall remain in effect for 15 years from that date, unless otherwise terminated, suspended or modified in writing by an appropriate amendment executed by both parties. The amount of fees charged to patrons of the Range may be adjusted by an amendment to this Agreement. SECTION 2. RENEWAL. This Agreement may be renewed for an additional term of ten (10) years at the sole option of the Commission. No later than three months prior to the termination of the Agreement, the Concessionaire may request to renew the Agreement. The request to renew shall be delivered to the Commission and is subject to the approval of the Commission. Any renewal of the Agreement is subject to express written approval of the Commission and must be in compliance with applicable laws. SECTION 3. OTHER CONTRACTS OR AGREEMENTS. This Agreement and exhibits as of the effective date thereof, shall supersede all other contracts, agreements, communications or representations, either verbal or written, between the Commission and the Concessionaire relating to the subject matter hereof. SECTION 4. NOTICES. All notices shall be delivered to the parties at the following addresses (or such changed address or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: COMMISSION CONTACT INFORMATION: INDIAN RIVER BOCC CONTACT INFORMATION: Bill Cline Beth Powell Section Leader, Hunter Safety & Public Shooting Ranges Director, Parks, Recreation, and Conservation Florida Fish & Wildlife Conservation Commission IG Recreation Center 620 S. Meridian Street 1590 9"' Street SW Tallahassee, Florida 32399-0100 Vero Beach, FL 32962 Phone: 850-413-0085 Phone: 772- 226-1785 Email: Bill.Cline@MyFWC.com Email: bpowell@indianriver.gov SECTION S. COMPLIANCE WITH LAWS. The Concessionaire shall comply with all local, state and federal laws, codes, requirements, and regulations relative to the taking of wild animal life or freshwater aquatic life, use of the lands for outdoor recreational purposes as herein provided, construction, safety, sanitation, permits, licenses, operation of the Range and all other matters pertaining to the activities conducted on the premises. SECTION G. NON -ASSIGNMENT. The Concessionaire shall neither transfer nor assign the Agreement nor sublet the premises or any part thereof nor grant any interest, privilege or license whatsoever in connection with the Agreement or the real property without written approval of the Commission. The parties agree that the Commission has entered into the Agreement with the Concessionaire because of the special and particular fitness and exceptional experience of the Concessionaire in carrying out the duties and covenants to which binds himself thereunder; and therefore, any assignment or delegation of the Concessionaire's covenants or duties thereunder, other than to employees of the Concessionaire or agents for the Concessionaire in the usual course of the Concessionaire's business, or approved in advance by the Commission, shall be without any binding effect whatsoever on either party and shall be null and void. SECTION 7. SCOPE OF RANGE OPERATIONS. The Indian River Public Shooting Range shall be occupied and used by the Concessionaire, or his duly authorized agents or employees, solely to conduct business in connection with recreational shooting activities by the general public and Commission sponsored shooting activities. Said business may include but is not limited to the following activities: A. A concession operation, providing items and services that are related to the approved shooting activities, such as firearms and ammunition and fishing related items such as tackle, license and bait. Additional items such as soft drinks, snacks and related refreshment items may also be sold. Alcoholic beverages are prohibited from being sold. B. The Range shall be open for public shooting a minimum of five (5) days per week, a minimum of forty (40) hours per week excluding holidays. The Range may be closed to the public up to two days per week. Changes in the Concessionaire's operational plan shall be submitted to and approved by the Commission's Hunter Safety Section Leader in advance of any operational changes being implemented. C. The Range shall be available at no charge to the Commission for Hunter Education training and other educational and professional training as needed. Hunter Education use will be scheduled with the Concessionaire by the Commission's Regional Hunter Education Coordinator. Additional use by the Commission shall be scheduled with the Concessionaire so as to have minimal impact on the public use of the facility. D. Recreational firearms, archery and airgun shooting by the general public. E. Competitive shooting events may be scheduled during open shooting hours for the general public when minimal impact of the public access will occur.. F. Firearms training by groups or organizations, during hours/days when Range is not open for public shooting activities. G. Other activities as authorized in writing by the Commission. SECTION 8. OPERATIONAL COSTS/PROCEDURES. Except as otherwise provided in this Agreement, operating costs, target frame replacement, routine maintenance and repairs caused by normal use of the Range shall be the responsibility of the Concessionaire. The Commission shall be responsible for repairs or replacement of major components of the Range necessitated as a result of natural disasters or other acts not related to wear and tear caused by normal use of the Range unless such damage occurs through the willful negligence of the Concessionaire. Major components of the Range consist of the covered shooting sheds, berms, sidewalks, restrooms, office building. A. The Concessionaire shall maintain the premises and all appurtenant structures and improvements in clean, sanitary, and good order and ins a safe condition, all the Commission, and all such costs related thereto shall be borne by the Concessionaire. B. The Concessionaire shall operate the business as outlined in the Operational Plan (Exhibit B). Supervision of Range use shall enhance safety and provide efficient and effective services to promote return user visits. Staffing may be adjusted to meet service requirements. C. Maintenance, repairs, and financial loss through insurance protection from theft or vandalism of the automatic target throwing machines and their components shall be the responsibility of the Concessionaire. All equipment is being provided to the Concessionaire in new condition. D. The Concessionaire shall be responsible for all costs related to the maintenance and upkeep of the office/pro shop and providing the services outlined in Exhibit B (Operational Plan) and this Agreement. E. The Concessionaire shall not rent to or allow the use of equipment by persons under the influence of alcohol or drugs or disorderly persons, nor shall such persons be permitted to enter or remain upon the premises. The Concessionaire shall be responsible for administering a range safety introduction to all range patrons (while operating under normal operating hours, when the Range is open to public use). F. The Concessionaire shall not engage in any activities or allow anyone to engage in activities on the premises which are contrary to the full and orderly public utilization of the Range premises except as otherwise provided herein. G. The Concessionaire shall not commit waste on the premises; shall not conduct mining operations or drilling for oil or gas upon the premises; shall not remove sand, gravel, or kindred substance from the ground; and shall not, in any manner, substantially change the contour or condition of the premises unless approved in writing by the Commission. The Concessionaire shall be responsible for lead remediation should it become necessary for such action on the Concessionaire's trap, skeet, and sporting clay fields. The Commission's contractor for lead remediation shall remain available to the Concessionaire for lead remediation on the rifle and handgun ranges. H. The Concessionaire shall obtain prior written approval from the Commission for any utility easements which are necessary to service authorized facilities on the premises. All other easements are prohibited and shall be void and without legal effect. I. The Concessionaire shall have the responsibility to maintain all notices posted at the Range by the Commission including, but not limited to, the Notice of Range Rules and the Notice of User Liability. Additional rules may be established by the Concessionaire subject to approval of the Commission. SECTION 9. FEE STRUCTURE. A fee shall be charged to the users of the Range. This fee shall be set by the Concessionaire. The fee structure may include a daily fee, an annual fee and/or a family fee. However, the amount charged may not exceed $20 per individual user of the rifle and handgun ranges and $.75 per target for trap, skeet and sporting clays. Range use fees for non-public shooting during times when the Range is scheduled to be closed to public shooting activities shall be established by the Concessionaire. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be included in the range operation and be a part of the Concessionaire's gross range operating revenue. During the time the Range is open to the public, all Range patrons must have a valid permit on their person when engaged in the respective shooting activities on the Range, except those users for whom no charge is assessed pursuant to Commission -sponsored events and as elsewhere denoted in the Agreement. It shall be the Concessionaire's responsibility to issue permits and to maintain records that provide a clear audit trail of Range use. The Commission shall approve the design of Range use permits issued by the Concessionaire. SECTION 10. IMPROVEMENTS/EXPANSION OF RANGE. At the Commission's discretion, the Concessionaire may have the opportunity, during the term of this Agreement, to erect such structures and provide such equipment and materials upon the premises as may be desired to enhance the activities and services authorized under this Agreement, provided no structures may be erected, altered, placed upon or removed from the premises unless and until the design and proposed location, alteration, placement or removal thereof is approved in writing by the Commission. Any and all structures, which shall constitute fixtures, shall at the option of the Commission remain upon the premises at the expiration of the term of this Agreement and become the sole property of the Commission. At the Commission's option the Concessionaire may be required to remove unwanted structures of fixtures at the Concessionaire's expense. In the event this Agreement or any material term or condition thereof is breached by the Concessionaire and this Agreement is terminated, any and all structures, buildings, or fixtures shall at the Commission's discretion remain upon the premises as part of the recreation site and become the sole property of the Commission. In the event this Agreement is terminated for reasons other than expiration or breach by the Concessionaire, the Concessionaire shall have the option at its own expense, within thirty (30) days of termination of removing fixtures or structures which it has installed. A. Expansion: Any expansion or modification to the facility must be approved by the Commission in writing prior to any work being done and shall be at the sole discretion of the Commission as evidenced in writing B. Cost of Expansion: Any cost associated with expansion of the Range beyond its present facilities and services shall be the responsibility of the Concessionaire unless approved otherwise in writing by the Commission. SECTION 11. PERMITS AND LICENSES. The Concessionaire shall obtain all permits and licenses necessary to conduct the business related to the Agreement and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. All required permits and licenses must be obtained prior to commencement of any operation by the Concessionaire. A copy of each permit or license shall be proved to the Commission on or before the date the Concessionaire opens for business. SECTION 12. PAYMENT OF TAXES, ASSESSMENTS, TELEPHONE AND UTILITY FEES. The Concessionaire shall have responsibility for all liabilities that accrue to the leased premises or improvements thereon, including any and all drainage and special assessments or taxes of every kind which may hereafter be lawfully assessed and levied against the premises during the term of the Agreement. In addition, Concessionaire shall pay all charges for telephone service, furnishing of gas, electricity, water, or other public utilities to the Range premises. SECTION 13. RELATIONSHIP OF PARTIES. It is understood that no employer-employee relationship exists between the Commission and Concessionaire, and the Commission is not responsible for providing Workers' Compensation insurance and withholding services for the Concessionaire or his employees. There is no conflict of interest or any other prohibited relationship between the Concessionaire and the Commission. SECTION 14. REPRESENTATIONS. The Commission and the Concessionaire stipulate that neither of them has made any representations except such representations as are specifically contained within this Agreement and each party acknowledges reliance on its own judgement in entering into the Agreement. The Commission and the Concessionaire further acknowledge that any payments or any representations that may have been made outside of those specifically contained in this Agreement are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement. This Agreement will be binding upon each of the parties thereto, their heirs, or successors, and shall be assignable only upon the written consent of the Commission. Section 15. BREACH AND TERMINATION. The Commission and Concessionaire agree to faithfully execute the covenants as set forth in the Agreement. The Agreement may be terminated in accordance with the following: A. The Commission or the Concessionaire may terminate this agreement within 90 days written notice without cause. B. The Agreement shall terminate if mutually agreed upon by both parties that such action would be in the best interest of the Commission and the Concessionaire. C. The Agreement shall terminate immediately upon the Commission giving written notice to the Concessionaire in the event the premises are used for criminal purposes with the knowledge or consent of the Concessionaire. This Agreement shall terminate immediately upon the Commission given written notice to the Concessionaire in the event of fraud or willful misconduct or material breach of this Agreement. The Commission shall allow sixty (60) calendar days to correct a breach of this Agreement. D. In the event of material breach of any of the covenants, terms or conditions hereof by Concessionaire, the Commission shall provide Concessionaire written notice to remedy such material breach. If Concessionaire fails to remedy such material breach within 60 days of written notice, the Commission may terminate the Agreement effective immediately and all of Concessionaire rights hereunder and recover from Concessionaire all damages the Commission may incur by reason of the breach and termination of the Agreement. E. This Agreement shall terminate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relating to the taking of wild animal life or freshwater aquatic life, on the Range premises. F. This Agreement shall terminate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relation to the taking of wild animal life or freshwater aquatic life, on the Range premises. SECTION 16. NO WAIVER OF BREACH. The failure of the Commission to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this Agreement shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force an defect, and no waiver by the Commission of any of the provisions of this Agreement shall in any event be deemed to have been made unless the waiver is set forth in writing by the Commission. SECTION 17. SEVERABILITY AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the Parties' transactions. By signing this Agreement, The Concessionaire affirms that Concessionaire considers the Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute. Concessionaire will not initiate in any other forum a legal action or other proceeding to which this provision applies. SECTION 18. STATE REQUIRED CLAUSES. A. Non-discrimination. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. C. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, consultant or by any other manner under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. D. Legislative appropriation. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance is contingent upon an annual appropriation by the Legislature. SECTION 19. LIABILITY OF THE PARTIES. Except as prohibited by law, the Concessionaire shall indemnify and hold harmless the Commission from any and all claims or demands for any personal injury or property damage resulting from, or arising out of the Concessionaire's use, operation or occupancy of the Range premises. The Concessionaire shall investigate any and all claims of every nature, at its own expense, relating to the Concessionaire's use, operation or occupancy of the Range premises. Nothing contained in the Agreement shall be deemed to constitute a waiver of sovereign immunity on the part of either party or to affect, limit or reduce the protection afforded the Commission under the provisions of §375.251 and §768.28, F.S., or to effect, limit or reduce the protection afforded the landowner under the provisions of §375.251, F.S., or to protect Concessionaire from liability for any deliberate willful or malicious act of the Concessionaire. SECTION 20. INSURANCE REQUIREMENTS. During the term hereof, the Concessionaire shall maintain a modified self-insurance program in keeping with the Indian River County Board of County Commissioners' administrative policy and under provision of §768.28, F.S. Additionally, the Concessionaire shall provide written proof of insurance for commercial general liability for personal injury, death and property damage as well as workers' compensation insurance as required by Florida Workers' Compensation Laws and Rules. SECTION 21. INDEMNITY. Except as prohibited by law, the Concessionaire shall indemnify and hold the Commission harmless from and against all cost, judgements, attorney's fees, expenses, obligations and liabilities of any kind and nature which the Commission may incur or sustain in connection with or arising from the Agreement or any court actions arising hereunder. In addition, the Concessionaire hereby agrees to be responsible for any injury or property damage resulted from any activities conducted under this Agreement. SECTION 22. PROHIBITION AGAINST LIENS. The Concessionaire will not cause any lien to be filed against the premises or Concessionaire. If any mechanics lien is filed for labor or materials furnished or to be furnished to the Concessionaire, such lien shall be discharged by the Concessionaire within thirty (30) days after the date of filing. SECTION 23. RIGHT OF INSPECTION AND ACCESS. The Range premises and the operation of the facilities and services thereon will be subject to inspection by duly authorized assigns of the Commission to ensure strict compliance with the terms of the Agreement. The Concessionaire agrees to permit travel through and across the leased premises by representatives of state, federal or local governments at any reasonable time for any reason. SECTION 24. RECORDS AND RIGHT TO AUDIT. The Concessionaire shall maintain complete and accurate records that provide a clear audit trail of all receipts and disbursement and such additional records as the Commission deems necessary to adequately reflect the operations conducted on the Range premises. The Concessionaire shall be required to furnish the Commission certified copies of a statement of cross revenues including receipts of adjustments for returns and allowances, and profit/loss from the operations authorized by the Agreement, within one hundred and eighty (180) days after the end of each Concessionaire fiscal year. A. The Commission shall have the right and authority to audit all records documents, automated records, and books pertaining to the Concessionaire operation. Such audit shall be conducted at locations and at a frequency determined by the Commission and communicated to the Concessionaire. Concessionaire agrees to provide all necessary documentation for the audit at the designated place within fifteen (15) days after the Commission's notice is received and any additional documentation requested during the audit. The Concessionaire will be required to furnish the Commission audited annual financial statements within one hundred and eight (180) days after the end of each Concessionaire fiscal year. The audit shall be conducted by an independent certified public accountant in accordance with §215.97 F.S., Florida Single Audit Act. B. Records of original entry, source documents and all records pertaining to revenues and expenditures of the Agreement shall be retained for a period of three (3) years in auditable condition, except that such records shall be retained until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three (3) year retention period. The retention period commences from the date of submission of the annual audited financial statement required above. SECTION 25. PUBLIC RECORDS. A11 records in conjunction with this Agreement shall be public records in accordance with the laws applicable to the parties. SECTION 26. NO THIRD -PARTY RIGHTS. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. SECTION 27. PROHIBITION OF UNAUTORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Concessionaire of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Concessionaire knowingly employs unauthorized aliens. SECTION 28. EMPLOYMENT ELIGIBILTY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires every public employer, contractor, and subcontractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by a public employer, contractor, and subcontractor during the contract term; and 2.) the requirement that contactors or subcontractors performing work or providing services utilize the E -Verify system to verify the employment eligibility of all new employees hired during the term of the contract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at https://www.e-verify.gov. C. Enrollment in E -Verify. As a condition precedent to entering a contract/agreement with the Commission, The Concessionaire's contractors and subcontractors shall register with and use the E -Verify system. Failure to do so shall result in the Agreement not being issued, or if discovered after issuance, termination of the Agreement. D. E -Verify Recordkeeping. The Concessionaire further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its contractors and subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Concessionaire's enrollment in the program. This includes maintaining a copy of proof of the Concessionaire's contractors and subcontractors enrollment in the E -Verify Program. If the Concessionaire's contractor enters into a contract with a subcontractor, the contactor must provide the Concessionaire with an affidavit stating that the subcontractor does not employ or contract with an unauthorized alien. The Concessionaire shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. If the Commission terminates the Agreement pursuant to Section 448.095(2)(c) Florida Statute, Concessionaire may not be awarded a public contract/agreement for at least 1 year after the date on which the Agreement was terminated and the Concessionaire is liable for any additional costs incurred by the Commission as a result of the termination of this Agreement. SECTION 29. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement; including but not limited to any claim of quantum meruit. SECTION 30. ENTIRE AGREEMENT; WAIVER, MODIFICATION OR AMENDMENT. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. No waiver, modification, or amendment of this Agreement, or of any covenant, condition, or limitation contained herein shall be valid unless in writing and lawfully executed by both parties. It is the intention of the Commission and the Concessionaire that no evidence of any waiver, or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification, or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. CONCESSIONAIRE EXECUTION SIGNATIyj Indian River Board of County EXECUTION SIGNATURE and Wildlife Conservation Commission Chairman (or Designee) Signature moi'•.z xeDirector (or Designee) Signature ' ••.,'SFR co ar+.� � St Gni, Cr�i,tiJ � rc� Deryl Loar ••• Print Name Print Name Chairman 1 t_t 0 S- C( Title Title April 21, 20265 U a d o-L� Date Date Approved as to form and legal sufficiency by Indian River BOCC Attorney: 114 Date: -7%07 (p ATTACHMENTS Approved as to form and legal sufficiency by FWC Attorney: Akw — ** Name: lJr �am f Date: Attachments in this Agreement include the following: • Attachment A, Legal Description • Attachment B, Operational Plan • Attachment C, Rates, Rentals, and Fees for Shooting Rangc Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller oA ju ) Deputy Clerk ATTACHMENT A LEGAL DESCRIPTION A portion of Sections 25 and 26 of the Fleming Grant, Indian River County, Florida, being more particularly described as follows: Begin at an iron rod marking the Northeast corner of the lands described in O.R. Book 678, Page 339 of the Public Records of Indian River County, Florida, and run N 89'26'16" W along the North line of the lands described in said O.R. Book 678, Page 339, a distance of 2172.65 feet to a point in the South line of Section 26, Fleming Grant. Then run Along the Southwest line of Section 26 and Section 25 of Fleming Grant, IJ 44739'1B" W a distance of 2900 feet, more or less, to a point lying in the East right—of—woy line of State Rood 5 (Interstate 95). Then run N 1'50'02" E, along the East right—of—way line of Interstate 95, a distance of 1688 feet, more or less to a point. Then run S 89'26'16" E, parallel with the North line of the lands described in O.R. Book 678, Page 339, a distance of 4259 feet, more or less, to o point lying in the Northerly extension of the East naht—of—way line of 102nd Terrace. Then run S 0'20' 14" W, along the Northerly ,extension of the East right—of—woy line of 102nd Terrace as recorded in Plat Book 12, Page 59 of the Public P.ecords of Indian River County, Florida, a distance of 3730 feet, more or less, to the Northeast corner of 102nd Terrace, according to the said plat. Then run N 89'26'16" W a distance of 80 feet to a point on the West right—of—woy of 102nd Terrace and the POINT Or BEGINNING. ATTACHMENT B INDIAN RIVER COUNTY SHOOTING RANGE 10455 102nd Terrace Vero Beach, FL 32967 561-581-4944 I. Operational Plan Hours of Operation The Indian River County Shooting Range (hereafter referred to as "Range") will be open to the public a minimum of 40 hours per week as per the Concessionaire Agreement requirement for public use. The range will be available to groups, organizations, or individuals on an appointment basis during the days and hours not open to the public. Shooting activities will not begin prior to 6:00 a.m. nor continue past 9:00 p.m. The range will be open on weekends. Marketing Plan As a governmental agency, Indian River County (hereafter referred to as "County") will market the range through County press release, in County Parks & Recreation brochures, newsletters and through social media to our patrons. We will have our brochure available at all area gun shops, pawn shops and other businesses related to shooting. An informational brochure and price sheet will be sent to area law enforcement and military organizations. Direct Marketing Direct Marketing will occur via mail or email blasts with previous customers based on their shooting interests. The time honored "word of mouth" recommendations from previous patrons has proven to be a benefit to our direct marketing efforts. Trade Show Marketing The County's Shooting Range Manager will be a member of the National Association of Shooting Ranges and will attend and promote our range at several large trade and industry events around the country. The Range will host a table at local gun shows to promote the Range and talk to interested attendees. Organizational Marketing Range management will continue to work closely with the Florida Fish and Wildlife Conservation Commission (hereinafter "FWC") to improve on this unique partnership. Regularly scheduled FWC Hunter Education courses bring interested groups to our doorstep. Local groups such as Boy Scouts, 4-H and ROTC groups will continue their involvement with the Range on a regular basis. The Range management will continue its memberships in national organizations including the National Rifle Association, National Skeet Shooting Association, National Sporting Clays Association, Amateur Trapshooting Association, National Shooting Sports Foundation and Rocky Mountain Elk Foundation to offer their programs and to promote the Range. Print Ad Marketing The Range will continue marketing in the National Shooting Sports Foundation list of ranges, National Rifle Association list of ranges, as well as several State of Florida publications that feature recreation or shooting. Range staff has worked with the Florida Department of Transportation for signage on I-95 and placement of entrance signs. Web Based Marketing The Range is featured on Indian River County's website at indianriver. og v/rannge. We actively promote the Range through social media with Facebook page and Twitter accounts. These social media accounts offer all types of information such as events, promotions, hours and upcoming classes. The Range is listed on the National Shooting Sports Foundation's "Where to Shoot" member ranges, as well as links from many other shooting and recreation sites. Promotional Activities Staff will work with manufacturer representatives to have sponsored shoots at the Range. These events are frequently lucrative for the Range as manufacturers and vendors pay for the cost of advertising for the event which brings new patrons to the Range. The Range intends to develop strategic relationships with major firearms industry vendors. The Range management team is highly in tune with the motivations of manufacturers and the various ways the two entities can help each other. This inside industry experience will be called upon to promote the Range and its services. We intend to continue to showcase the Range, County and community with more of these types of events. II. SHOOTING OPPORTUNITIES Leagues The Range will organize and promote clubs to be based from the Indian River County Shooting Range. Staff will also run registered tournaments of all types. Leagues and clubs provide a great initial customer base to the Range. Industry experience has shown that when gone unchecked, leagues have the capacity to financially damage retail ranges. League members often expect unrealistic discounts and can potentially direct business away from the Range. Leagues also tend to occupy the Range during high usage periods, restricting the availability of the facilities for other shooters. The Range is not averse to allowing the formation of shooting leagues and management is a strong supporter of these activities, but the leagues will be strictly limited to ensure there is no negative impact to the perception of other Range patrons or the Range business entity. Shooting Types The Range will offer pistol, rifle and shotgun shooting of all types including airgun and archery. The types of shooting allowed on the range have been identified in previous sections. These activities are consistent with the engineering and safety design specifications of the Range. The engineered range safety features will not be bypassed during specialized shooting activities such as action pistol, cowboy or plinking. Any activity forward of the static shooting lies will be closely monitored and controlled by the range management. All courses of fire will need to be pre -approved by Range management before any firing can commence. Training The Range will offer FWC Hunter Education and Bow Hunting courses as well as National Rifle Association safety classes. The Range's commitment to safety and training opportunities has been accentuated throughout this plan. The Range will constantly strive to offer the latest and most effective training opportunities to our patrons. As with the shooting opportunities listed above, no training program or class will undermine the safety features engineered into the Range. Facility Improvements Since the opening of the Range, Indian River County has added the following improvements: • Large storage building with roll door for clay and equipment storage • Replaced and upgraded the clay traps on the 5 -Stand • Built a walk through 14 station NFA archery course • Lighting has been installed on the rifle range, pistol range, airgun range, field archery and 5 -Stand clays field • Baffle replacement on both the pistol and rifle ranges • A new action pistol range is now open for classes, clubs and events • A 15 station walkthrough sporting clays course • A three lighted combination skeet and trap fields with storage building including improvements to the walkthrough sporting clays course • Multi -use classroom constructed that is used for hunter's education training courses taught by the Commission and Range staff • An additional 15 -station walkthrough sporting clays course; now offering East and West courses • Repaving of the entrance road As an advocate of Total Quality Management, the Range has a strong commitment towards constantly evaluating our facility, operations and customer's needs to make sure we are doing everything possible to further the needs of state, county and the shooting public using our ranges. Maintenance will be a County function. We have made a substantial investment in equipment, and this equipment is vital to the Range and the services we offer. We will continue to maintain, replace and upgrade the buildings and equipment to provide a first-class range and shooter experience. Indian River County Shooting Range has added rear ready areas on both pistol and rifle ranges. Plus, we added sliding safety gates at the entrance to each range. Range booths on each of the pistol and rifle ranges provide on -range storage and bottled water for patrons. Safety is a paramount concern of the Indian River County Shooting Range. In the range office shooters will be required to read with staff the range rules and information. Range staff will continue to be on hand to answer questions. Shooters will continue to be required to sign a waiver and then will be issued a "waiver/rules acknowledgment card" before they can purchase a range pass for any use of our ranges. As mentioned in previous sections, our goal is to continue to exercise positive control over every shooting situation. Our Range Officers will be expected to be on the shooting lines during all shooting activities. Each shooter must check in with the Range Officer who will conduct a safety inspection of all firearms and answer any rules or safety questions. Normal commands on the firing line will be communicated via loudspeaker system. A Range Officer will be walking the firing line aiding shooters and providing safety. ATTACHMENT C Indian River County Shooting Range Rates, Rentals, and Fees Target Range Admission (Rifle & Pistol Ranges) Adult* $15.00 per person Juniors (17 & under) * - $10.00 per person Admission (Shotgun) Clays $10.00 per 25 targets Clay Tournament Rate - $8.00 per 25 targets Admission (Archery) Adults - $4.00 per person Juniors (17 & under) - $2.50 per person Archery Course - $5.00 per person Juniors (17 & under) - $3.5 per person Admission (Air gun) Adults - $4.00 per person Juniors (17 — under) $2.50 per person Rentals (per availability) Action Field Rental $65.00 per hour Multi -Use Classroom $65.00 per hour Golf Cart Rental $25.00 Shotgun Rental $15.00